The legal problems and solutions in OEM
Legal problems in OEM
1 the parties lack the legal awareness of contract
2 the trademark provided by the principal is the trademark of the third person
3 OEM vendors are not the consent of the parties to the free market to sell OEM products
4 OEM manufacturers in the sale of products in violation of the provisions of the Trademark Law of China
5 OEM marked on the product manufacturers, the fake site, origin
In order to avoid disputes and reduce unnecessary losses, the parties should pay attention to the following items when OEM contracts:
1 signed a detailed contract
(1) OEM cooperation parties shall conclude the contract of contract in accordance with the relevant requirements of the contract law. Main contents of contract
Contract both their name, domicile, contract, the quantity and quality of the subject matter, the quantity and quality of raw materials and raw materials requirements, remuneration, method of hire, the duration of the execution of the contract, place, manner, method and acceptance standard, liability for breach of contract and other terms, including the both sides of the rights and obligations according to laws.
(2) the principal party shall provide the subject qualification certificate, such as lawful and valid business license or business registration certificate. Provide a copy of the OEM contract through the agent to provide a legally valid proxy.
Relevant certificates issued by institutions (3) OEM relates to use of a registered trademark, the entrusting party shall provide the valid certificate of trademark registration; provide the copy of the trademark registration, the entrusting party should the local industrial and commercial bureau or relevant.
2 the labeling behavior of trademark in OEM
OEM trademark labeling should be strictly comply with the product quality law, the anti unfair competition law and other laws and regulations. Product identification should be true, accurate, shall be marked and misleading or false product identification, may counterfeit or impersonating a registered trademark and shall not be forged or fraudulent use of certification marks and other quality marks. OEM product and inside and outside the label should be consistent, not contradictory. The words used in the product identification shall comply with the law. In the domestic sales of products should be strictly the use of Chinese labels, the export of OEM products can be based on the agreement of the contract with the use of the relevant text labels. Otherwise, the violation of the relevant laws and regulations of the trademark, will bear the corresponding administrative responsibility, civil liability and even criminal liability.
In general, for OEM commissioned or OEM manufacturers, to solve the legal problems on intellectual property in OEM process, one of the most important is to take effective preventive measures, including in the entrustment agreement on issues related to intellectual property rights to be expressly agreed, the query may involve intellectual property cases, strict review each other to provide the intellectual property rights, documents and so on. If the dispute has emerged and then take into account the response, the relevant business, the loss is likely to have been unable to avoid.